CRL.A. NO. 644 of 2010 1

    IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 644 OF 2010

RAFIQ KHAN ..... APPELLANT

VERSUS

STATE OF M.P. ..... RESPONDENT

O R D E R

We  have  heard  the  learned  counsel  for  the  

parties.

It has been contended by learned counsel for the  

appellant that  Farida - P.W. 1, the complainant was a  

child  witness  and  her  evidence  was  uncertain;  some  

corroboration of her evidence was required.  It has  

also been submitted that as the appellant had come to  

the place unarmed there was absolutely no intention on  

his  part  to  have  committed  the  murder  and  the  

appellant, therefore was entitled to some benefit  on  

that account as well.

We have considered the arguments advanced by the  

learned counsel in the background of the facts noticed  

by us.  Concededly Farida P.W. 1 was about 13 years of  

age.  She was therefore not that young a child who was  

incapable of understanding the implication of an oath

CRL.A. NO. 644 of 2010 2

and  the  sanctity  of   evidence.   She  has   clearly  

stated as to the manner in which the incident happened  

and also as to the manner in which the injuries had  

been caused by the appellant.  Farida’s statement is  

also corroborated by the statement of Maqbool Ahmed -  

P.W.  2  who  had  been  attracted  to  the  place  on  the  

shouts of the victim and had met Farida outside the  

house  and had seen the appellant running way and had  

also  attempted  to  apprehend  him.   The  corroboration  

therefore the learned counsel for the appellant  seeks  

can be found from the statement of Maqbool.  The second  

argument  is  equally  without  merit.   The  nature  of  

injuries particularly injury Nos,. 13 to 18 show the  

viciousness  of  the  attack  and  the  brutal  manner  in  

which the deceased had been cut up by the appellant.  

It is true that there was no animosity between the  

appellant and the deceased, but it appears that the  

appellant  was  doing  a  bit  of  moral  policing  and  

compelling her to wear a burqa and on her refusal to do  

so had got infuriated and picked up a knife and caused  

13 injuries  with it.  We thus find no merit in the  

appeal which is, accordingly, dismissed.

......................J       [HARJIT SINGH BEDI]

CRL.A. NO. 644 of 2010 3

   ......................J  [C.K. PRASAD]

NEW DELHI AUGUST 04, 2010.